Part 5: Draft Regulations Setting out the Eligibility Criteria
for Ordinary Membership of the First-Tier Tribunal for Scotland
Health and Education Chamber

Background

29. The draft regulations contained in Annex D prescribe
eligibility criteria for ordinary members of the First-tier
Tribunal. The criteria for ordinary (ie non legal) members have
been developed specifically to cover members assigned to the Health
and Education jurisdiction.

30. The criteria for legal membership of the First-tier Tribunal
is generic across the Scottish Tribunals, and are already covered
by the Scottish Tribunals (Eligibility for Appointment) Regulations
2015. Briefly, a person may only be appointed as a legal member if
the person is practising and has practised for a period of not less
than 5 years as a solicitor or advocate in Scotland. If a person is
not currently practising in Scotland they must be subsequently
engaged in exercising judicial functions in any court or tribunal,
practice or employment as a lawyer of any kind or teaching or
researching law at or for an educational institution.

Draft Regulations

31. The draft regulations contained within Annex D set out the
criteria proposed to be applied by the Scottish Ministers in
appointing ordinary members that hear cases within the First-tier
Tribunal Health and Education Chamber.

32. The eligibility criteria are the same as the existing
criteria for ordinary members of
ASNTS.
That is that members have knowledge or experience of children or
young persons with either additional support needs within the
meaning of Section 1(1) of the Education (Additional Support for
Learning) (Scotland) Act 2004, or knowledge or experience of
children or young persons with a disability within the meaning of
section 6 of the Equality Act 2010.

QUESTIONS ON ELIGIBILITY REGULATIONS

Q1: Do you have any comments on the proposals regarding the
eligibility criteria for ordinary members with health and education
experience?

Q2: Are there any additional criteria you would wish to see
prescribed?

Q3: Are there are proposed criteria that you do not wish to see
prescribed?